Dumas v. Astrue

Filing 13

ORDER ADOPTING the 12 REPORT AND RECOMMENDATIONS. The 11 Motion to Remand is granted and this action is remanded to the Social Security Administration pursuant to sentence six. Signed by Chief Judge William H. Steele on 4/6/10. (tgw) Modified on 4/6/2010 (tgw).

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ANGELA A. DUMAS, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. * * * * * Civil Action 09-00789-WS-B * * * * * * ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated March 8, 2010, is ADOPTED as the opinion of this Court. Accordingly, for good cause shown and because no answer has been filed, it is ORDERED that Defendant's unopposed Motion to Remand (Doc. 10) be and is hereby GRANTED and that this action is REMANDED to the Social Security Administration pursuant to sentence six of 42 U.S.C. § 405(g), so that the Commissioner can remand the case to the Administrative Law Judge to complete the administrative record. Under this remand pursuant to sentence six of Section 405(g), Plaintiff is not a prevailing party for purposes of the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. See, Shalala v. Schafer, 509 U.S. 292, 297-298 and 300-302, 113 S. Ct. 2625, 2629 and 2631-2632, 125 L. Ed. 2d 239 (1993). DONE and ORDERED this the 6th day of April, 2010. s/WILLIAM H. STEELE CHIEF UNITED STATES DISTRICT JUDGE